EPA v. GORDON HEAD & WILLIAM SPANGLER/H&H ENTERPRISES

Case summary

RESPONDENTS STORED PILES OF AUTO FLUFF (SHREDDED AUTOMOBILE REMAINS) ON PROPERTY OF H & H ENTERPRISES, A COMPANY THEY OPERATE. ON AUGUST 7, 1992, US EPA SAMPLED THE FLUFF FOR PCBS AND FOUND IT TO BE ABOVE 50 PPM PCBS. THE COMPLAINT ALLEGES IMPROPER STORAGE, MARKING AND NOTIFICATION VIOLATIONS. (THE PENALTY AMOUNT STILL NEEDS TO BE FINALIZED). THE COMPLAINT WAS FILED ON AUGUST 30, 1993, ALLEGING IMPROPER STORAGE, DISPOSAL, MARKING AND NOTIFICATION VIOLATIONS BY RESPONDENTS UNDER THE PCB MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE AND USE REGULATIONS AT 40 C.F.R. PART 761, THEREBY VIOLATING SECTION 15 OF TSCA. THE COMPLAINT PROPOSED A CIVIL PENALTY OF $3,760,000. JUDGE LOTIS ISSUED AN ORDER RENDERING ACCELERATED DECISION ON THE ISSUE OF LIABILITY IN THE AGENCY'S FAVOR ON SEPTEMBER 19, 1995. HOWEVER, BY THIS POINT RESPONDENT'S HAD SPENT THEIR FINANCIAL ASSETS IN RESPONSE TO STATE ACTIONS AGAINST THEM FOR OPERATING AN UNPERMITTED LANDFILL AT THE SITE, AND ON A U.S. EPA SUPERFUND CLEAN-UP OF THE SITE. RESPONDENTS SUBMITTED FINANCIAL INFORMATION TO U.S. EPA WHICH INDICATED THAT THEY HAD VIRTUALLY NO ASSETS AND ARE NOT ABLE TO PAY ANY CIVIL PENALTY AMOUNT IN THIS CASE. BASED ON THE FINANCIAL INFORMATION RECEIVED, THE CACO MITIGATES THE PENALTY AMOUNT TO ZERO, AND PROVIDES THAT IF EITHER RESPONDENT POSSESSES, RECEIVES OF DISCOVERS ASSETS WHICH ENABLES HIM TO PAY A CIVIL PENALTY AMOUNT IN THIS CASE, THAT U.S. EPA MAY IMPOSE SUCH CIVIL PENALTY.

Defendants (2)

• GORDON HEADNamed in complaint
• WILLIAM SPANGLERNamed in complaintNamed in settlement

Facilities (1)

• H & H ENTERPRISES GORDON HEAD

  CLINE ST & 9TH AVE, MICHIGAN CITY, IN, 46360

  Registry ID: 110011910003

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• GORDON HEAD & WILLIAM SPANGLER/SPANGLERentered 1997-01-29

  Primary law: TSCA

Timeline (4 milestones)

• 1993-04-09Enforcement Action Data Entered
• 1993-08-31Complaint Filed/Proposed Order
• 1997-01-29Final Order Issued
• 1997-04-11Enforcement Action Closed